Season 5 Episode 13 - The Cognitive Bias

After a short break, the Arbitration Station is back with escalation clauses (aka multi-tiered dispute resolution clauses or cooling off-clauses) [TIME 10:57], followed by an interview with Leonor Díaz-Córdova and Natalie Hall about cognitive bias in arbitral decision-making, the subject of an upcoming article of theirs [TIME 38:53]. Happy Fun Time closes us out with a discussion on social media practices for arbitrators and other arbitration practitioners [TIME 01:21:10].

Joel’s book can be bought here, use discount code 71345 at check-out!

You can listen to the 2007 interview with Emmanuel Gaillard here, through the CPR web page. It was the first episode of Michael McIlwrath’s excellent podcast!

Read more about the CAS case with the tweeting arbitrator here.

Season 5 Episode 5 - The Damages Expert

The sound is a bit bad because we’re sitting so far apart (together with editor Jan). Brian has called up damages expert Brent Kaczmarek [TIME 08:25] to benefit from his experience from hundreds of arbitrations. Joel then discusses sovereign immunity from enforcement, and in particular enforcement against central bank assets [TIME 41:48]. During Happy Fun Time we talk about paperless arbitration, a topic which has taken on new relevance in 2020 [01:05:19].

(The Green Pledge can be signed here)

Season 3 Episode 6 - The Podcast King

FINALLY we get a chance to talk to the Wayne Gretzky of arbitration podcasts - Michael McIlwrath. In addition to a long career as a disputes lawyer at a multinational company, Mike keeps busy on several fronts. Most notably for us, he ran a well-known podcast about alternative dispute resolution, the IDN podcast (found here), between 2007-2011.

In a departure from our typical three topics, we talk to Mike about two things: first, about the Prague Rules, which attempt to insert some “civil law flavour“ into international arbitration. Secondly, we compare notes from our respective podcast experiences. How come IDN was so much better than the Arbitration Station? What has happened with the world of arbitration in the time that has elapsed between our two podcasts? What tips does Mike have for us?

The Procedural Order competition mentioned by Michael can be found here.